Mother Of Autistic Boy Voted Out Of Class Sues

08.28.09 | FL News Team

(Port St. Lucie, FL)  --  A Florida woman whose son was voted out of his kindergarten class has filed a federal lawsuit.  Melissa Barton filed the suit in federal court in Miami on Thursday.  It names the St. Lucie County, Florida school district, Morningside Elementary School teacher Wendy Portillo and other school officials.

Last May, Portillo asked her students to vote on whether or not Barton's son, Alex, should be allowed back in the class after he was sent outside because of disruptive behavior.  The five-year-old has since been diagnosed with a form of autism.

In the lawsuit, the child's mother claims the incident caused Alex emotional and mental distress and violated his civil rights.  She says it traumatized her son so much that he has to go through therapy.  Barton is seeking an undisclosed amount in damages.